District of Columbia Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor
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FAQ
Which of the following is the main distinction between an employee and an independent contractor? An employee works under the control and direction of an employer; an independent contractor does not work under the control and direction of the company paying for the service.
Generally speaking, the difference between independent contractors and employees in California is whether or not the entity paying for services has the right to control or direct the manner and means of work (tending to signify an employment relationship.)
For the employee, the company withholds income tax, Social Security, and Medicare from wages paid. For the independent contractor, the company does not withhold taxes. Employment and labor laws also do not apply to independent contractors.
Key takeaways EMPLOYEEINDEPENDENT CONTRACTORGets direct supervision from a managerEmployer supervisionReceives minimal supervision and controls their own process8 more rows ?
FINANCES Common law employeeIndependent contractorAvailability for other workIs limited to working for your companyIs free to pursue other opportunitiesWages tied to hoursIs paid based on time spentIs paid based on deliverables3 more rows
Control: The main factor in classifying a worker as an independent worker versus an employee is the amount of control the employer has over the worker. The more control the employer has over the worker, the more likely they would be considered an employee.
Independent contractors have more control and independence over their work, while employees have less autonomy but are entitled to certain legal protections and benefits.
Generally speaking, the difference between independent contractors and employees in California is whether or not the entity paying for services has the right to control or direct the manner and means of work (tending to signify an employment relationship.)